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Commonwealth of Pennsylvania v. Nolan Antoszyk

IN THE SUPREME COURT OF PENNSYLVANIA WESTERN DISTRICT


January 13, 2011

COMMONWEALTH OF PENNSYLVANIA, PETITIONER
v.
NOLAN ANTOSZYK, RESPONDENT

Petition for Allowance of Appeal from the Order of the Superior Court

Per curiam.

ORDER

AND NOW, this 13th day of January, 2011, the Petition for Allowance of Appeal is GRANTED with respect to the following issue:

Whether, under Pennsylvania law, a search warrant should be invalidated, and the evidence obtained therefrom suppressed, when the affidavit of probable cause was based upon a deliberate misstatement of material fact by a confidential informant, notwithstanding the good faith of the affiant who reasonably believed the confidential informant was reliable, and whose statements the affiant believed to be true?

Madame Justice Orie Melvin did not participate in the consideration or decision of this matter.

20110113

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